Cleary Gottlieb Team Secures T-Visa for Immigrant Survivor of Sex Trafficking

Todd Schmid

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Cleary Gottlieb for their compassionate and devoted pro bono assistance on behalf of their client “Alicia” in their successful application of a T nonimmigrant visa. The team consisted of Jennifer Kroman, Sharon Barbour, Jessica Dwinell, and Michael Athy-Plunkett. 

Todd Schmid is Legal Counsel at HSBC and Co-Head of HSBC’s U.S. Pro Bono Program. He is a member of Sanctuary’s Pro Bono Council.

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At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Cleary Gottlieb for their compassionate and devoted pro bono assistance on behalf of their client “Alicia” in their successful application of a T nonimmigrant visa. The team consisted of Jennifer Kroman, Sharon Barbour, Jessica Dwinell, and Michael Athy-Plunkett. 

International youth often arrive in New York City hoping, above all, to progress, to find a way forward: a good school, a secure job, stability after leaving home behind. For “Alicia”, a transgender Sanctuary for Families client whose childhood in Colombia was marked with abuse, NYC embodied opportunity. Yet their initial hopes were stolen when, at age 12, they were sold into a Queens brothel and drugged by the brothel’s keepers so adult men could engage in commercial sex with them. Alicia eventually escaped, only to find their social support network pulled out from under them. Still only a teenager, Alicia had nowhere to go but the streets.

The Port Authority, illuminated day and night by the radiant lights of nearby Times Square, is home to the busiest bus terminal in the United States. It is a permanent scene of comings and goings, of not only transience, but homelessness. Often times, LGBTQ youth engage in trading sex for basic necessities, also known as “survival sex”. This can lead to exploitation and trafficking, which is what happened in Alicia’s case.

Starting as a one-time request, youth are groomed by more frequent asks to exchange sex for money as a way to contribute financially to a relationship, with appeals to a victim’s sense of loyalty. Exploiters thus seek out particularly vulnerable youth, who are homeless or runaway; or who have poor social supports. As these vulnerable youth become further removed from their social supports over time, the traffickers gain even more control. In Alicia’s case, intense emotional trauma ran deep, and it took time to come to terms with the fact that the person who provided them with opportunities to stop  living on the streets also put them in extreme danger and exploited them.

Finding Sanctuary, Alicia’s T visa case was soon presented to Jennifer Kroman, Sharon Barbour, Jessica Dwinell, and Michael Athy-Plunkett, the Cleary Gottlieb team whose skilled legal representation and trauma-informed advocacy will be recognized at this year’s Above & Beyond event. As with many Sanctuary clients, Alicia was repeatedly arrested for prostitution-related offenses, and with a prior immigration proceeding, their representation presented challenges that might give other attorneys pause. Yet Cleary jumped at the opportunity to educate USCIS about the devastating impact left by sex trafficking. The team worked tirelessly with their client to overcome the many hurdles the case threw in their way. As the nominators of their award made clear,

“They worked with a client that had suffered extreme trauma. They also dealt with an ever-changing political climate that complicated the immigration application. In the end, they dealt with each hurdle professionally, accurately and compassionately.”

The client came to Sanctuary feeling hopeless, but, working hand in hand with Alicia every step of the way, the attorneys on the case helped Alicia achieve results that were transformative. Michael Athy-Plunkett recalls the case as “having taught him what it means to be a true advocate.” As Sharon Barbour reflects,

“Several aspects of Alicia’s case were extremely challenging, but it was extremely rewarding—not only because we had a tremendous outcome, but also because throughout this experience we gained Alicia’s trust and got to know what a strong, courageous, and resilient person they are.”

As the case progressed, the team proved their dedication by expertly replying to two difficult Requests for Evidence from USCIS because of Alicia’s prior record resulting from their victimization within a six-month period. They never lost hope on the client or the case, and four years later Alicia received T nonimmigrant status.

“I’m very fortunate to have met a team of dedicated individuals at this organization,” reflects Alicia “By connecting with a group of lawyers — wonderful human beings who have helped thousands of victims of trafficking like me and without hope, to find a better life. I lived an existence that seemed so dark but is now shining like a beacon of hope that others can see.”

Alicia’s efforts to obtain steady work were further complicated without documentation, resulting in a barrier to stability. Yet with the team’s steadfast legal representation and Alicia’s acceptance to Sanctuary’s Economic Empowerment Program during their representation, Alicia thrived, and today, Alicia has the tools needed to find long-term stability in the United States.

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Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor the outstanding pro bono work of Sharon, Jessica, Michael and Jennifer. You can buy tickets here. 

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Davis Polk Attorneys Fight for Immigrant Survivor of Sex Trafficking

Melissa D. James

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Davis Polk & Wardwell LLP for their tireless pro bono work on behalf of “Maria,” a trans survivor of sex trafficking.

Melissa D. James is a Senior Associate at a boutique employment law firm, specializing in Workers’ Compensation and Social Security Disability. She is also an Adjunct Professor and member of Sanctuary’s Pro Bono Council.

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“Giving is not just about making a donation. It is about making a difference.” – Kathy Calvin, CEO & President of the United Nations Foundation

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Davis Polk & Wardwell LLP for their tireless pro bono work on behalf of “Maria,” a trans survivor of sex trafficking. The incredible team, consisting of Joshua Sills and David Robles, was successful in helping Maria vacate two outstanding criminal warrants and ultimately secure a T-Visa.

Drawing Parallels

Maria started grappling with her gender identity in her early teens, back in the early 2000s, while living in her home country of Mexico. As she began to transition at the age of fourteen, Maria would come to face horrible backlash and even violence from her parents. One day she came home from school to find that her father, in a rage, had set all of her belongings on fire. This prompted Maria to leave her parents’ home immediately and move to Mexico City where, like many transgender youth without familial support, she was forced to live on the streets. By the age of fifteen, Maria was residing in a group home and waiting tables to earn money. It was there where she met the older man who would later rape and force her into the world of trafficking.  He brought Maria to the U.S. and as soon as they crossed the border, he took her to her new “home”—a house where she was forced to have sex with the men who lived there as well as other men who came for the purpose of buying sex.  Maria eventually managed to escape with the help of a childhood friend who was also living in the United States. She ended up in New York City and was arrested for prostitution but, luckily, was referred to the Human Trafficking Intervention Court in Brooklyn where she was connected to Sanctuary and, ultimately, to Davis Polk.

In sheer contrast, Josh, who is the same age as Maria, lived a life free from such a dark reality. In fact, Josh expressed that “going through life, not understanding” the challenges others face is a “real eye-opener and a motivator to do more” to help victims of sexual abuse and exploitation. So, when the time came to face an unexpected obstacle, the Davis Polk team did not hesitate in taking the necessary steps to help Maria vacate two outstanding criminal warrants that could have jeopardized her T-Visa application.  As Josh so humbly stated, “passing it [the task] on to anyone else was not even a thought.”

Blazing a Path

As part of the T-Visa application, clients must provide proof that they cooperated with reasonable requests for assistance in the investigation or prosecution of acts of trafficking. This proof often comes in the form of a law enforcement “certification.”  At the time that Josh and David were working on Maria’s case, no trafficking survivor had yet to obtain this type of certification from the Brooklyn Human Trafficking Intervention Court (“HTIC”).  Working with Maria to prepare her for an in chamber interview with a Brooklyn HTIC Judge, Josh and David were able to help Maria obtain this critical certification from the Judge, blazing a path in Brooklyn for future survivors.

The Game Changer

During the process of preparing Maria’s T-Visa application, the Davis Polk team learned that it could be compromised unless two outstanding criminal warrants were resolved. Without hesitation, the team reached out to Red Hook Community Justice Center (“RHCJC”) and got the cases placed on the calendar to be heard before a criminal law judge. At the hearing the team made an application to vacate the outstanding warrants that was granted by the presiding judge. Josh remembers Maria initially being scared, however he recognized her resilience and admired her for her strength. At the end, Maria was granted a T-Visa and could now truly move on from her past.

The Golden Standard

Amy Hsieh, Sanctuary’s Senior Staff Attorney, had an opportunity to work closely with the Davis Polk team and expressed that they provided “the perfect combination of support for Maria.” “Their legal work was of course outstanding,” said Hsieh, “but they also formed a true bond with their client so much so that Josh—even though he is now in Spain—continues to help her as needed from afar.” She noted that the Davis Polk team was very passionate, stepped outside the box and treated Maria like any other client who walked through Davis Polk’s doors. In her eyes, the way that the Davis Polk team took the lead to handle this arduous obstacle represents a level of dedication that she wishes could be the standard for all pro bono work.

What brings true value to the Davis Polk team is that both Josh and David understand the time and effort that it takes to provide exceptional pro bono representation. In fact, prior to joining Davis Polk both Josh and David regularly participated in complex pro bono opportunities. In law school, David worked closely with victims of domestic abuse and prior to law school, Josh was involved with Immigration Equality – the leading national LGBTQ immigrant rights organization. David expressed that working with Sanctuary has been invaluable and has shaped him into a better attorney. Similarly, Josh feels blessed to work so closely with Sanctuary and often thinks deeply about the struggles that face so many victims of sex trafficking. This vast contrast in life is what drives him to continue doing this type of work – the notion that sometimes we live a life so secluded oblivious to the fact that there is someone else so close living a life that mirrors a nightmare.

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Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Davis Polk’s outstanding pro bono work. You can buy tickets here. 

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Barclays and O’Melveny & Myers Attorneys Help Trafficking Victims Secure T-Visas

Nicole Vescova

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Barclays and O’Melveny & Myers for their compassionate and hardworking pro bono assistance on behalf of trafficking survivors “Hana” and “Min-ji” in their successful applications for T nonimmigrant visas.

Nicole Vescova is an associate in the Labor & Employment Group at Ellenoff Grossman & Schloe LLP and a member of Sanctuary’s Pro Bono Council.  

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At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of attorneys from Barclays and O’Melveny & Myers (“O’Melveny”) for their compassionate and hardworking pro bono assistance on behalf of “Hana” and “Min-ji” in their successful applications for T nonimmigrant visas (sometimes referred to as “T-Visas”). The team consisted of former O’Melveny associates Richard Spatola (now at IBM) and Carolyn Baek (now at Barclays); O’Melveny partner Sung Pak; O’Melveny associate Matthew Murphy; and O’Melveny staff attorney Grace Lee.

ESCAPING TRAFFICKING

Min-ji

Min-ji first started dating “Marc” while visiting the United States from South Korea. After she returned home, they communicated often and Marc relentlessly urged her to come back to America, promising to marry her. Sadly, Marc’s persistence was a ploy to exploit her. Immediately upon her arrival, Marc forced Min-ji into labor and confiscated all of her earnings. He was physically and mentally abusive. He was possessive and controlled all of her movements and finances. Marc also attempted to force Min-ji into prostitution on multiple occasions.

After a particularly vicious episode of domestic violence, Min-ji bravely fled to the local precinct and filed a report. Fortunately for Min-ji, Marc was arrested. After speaking with Min-ji, the assistant district attorney assigned to the matter realized that Min-ji was not only a victim of domestic violence but also a victim of labor trafficking and referred Min-ji to Sanctuary for Families.

Hana

Ironically, Hana’s chance of freedom came the moment she was arrested. Hana, originally from Korea, was discovered during a sting operation involving an illegal “out-call service” operation—a call center where people could “order” women to come to motels and provide sexual services. Making matters worse, the out-call operation that was prosecuted and shut down had fostered a drug addiction among the workers. Her traffickers exploited that addiction, keeping Hana in debt to obtain drugs so that no matter how much she “worked” she would never make any money to escape. Fortunately, Sanctuary for Families had persuaded the NYPD to refer the women being exploited at the out-call center to Sanctuary after taking them into custody but before processing them in order to identify any trafficking victims. Sanctuary for Families provided supportive services so Hana could overcome her addiction and seek freedom.

COMPASSIONATE CARE & ZEALOUS ADVOCACY

Both Min-ji and Hana were severely traumatized by their experiences. Min-ji came to America under the impression of romance and false promises of marriage, but was instead tricked into involuntary servitude. She struggled horribly with self-blame. Hana had faced a pattern of abuse throughout her life, including childhood sexual abuse, domestic violence, and repeated sex trafficking. Given this traumatic history, she initially did not even understand that this latest form of abuse was a crime; she could not comprehend that she was worthy of being treated with care or compassion.

Both women needed legal assistance to help them obtain lawful immigration status and employment authorization. Lori Cohen, former Director of Sanctuary’s Anti-Trafficking Initiative, recognized the importance of assigning culturally and linguistically competent attorneys to their cases who would not only be able to navigate the legal issues ahead, but who would be sensitive to complicated sets of emotions these women struggled with and to treat them with respect. Lori reached out to trusted pro bono attorney Carolyn Baek, who at the time was working at O’Melveny. Carolyn assembled teams at O’Melveny to help both women. From the moment Carolyn and the teams met the two women, they treated them kindly and respectfully, allowing them to recognize their own value. Carolyn was dedicated to working compassionately with both Min-ji and Hana, and when she left O’Melveny in 2018 and moved to Barclays, Carolyn ensured continuity of representation by co-counseling with the team at O’Melveny so she could remain involved in her clients’ immigration journeys.

According to Lori,

“Carolyn and the O’Melveny/Barclays team achieved spectacular victories for these clients. The two women had histories that were completely different from one another, but they both experienced horrific abuse and were in need of highly skilled counsel.  This team not only provided excellent legal analyses to produce compelling applications, but also demonstrated a level of respect for these vulnerable woman that was deeply moving. And their cultural competency — the ability to speak directly with the clients to grasp the nuances of some of the abuse — was key to their success.”

CONCERNS ABOUT INADMISSIBILITY

When applying for a T visa, the individual must not only show that she is a victim of a “severe form of trafficking,” but also that she is “admissible,” that is, no bars to her eligibility exist. Hana, having been blackmailed and subjected to horrific abuse by the organized crime ring that exploited her, clearly was a victim of a “severe form of trafficking.” However, Sanctuary recognized that USCIS may have viewed Hana’s drug addiction as a ground of inadmissibility that would bar a visa, or worse, consider Hana herself to be a drug trafficker.

Sanctuary knew that Hana needed a legal team that could clearly spell out the link between the addiction fostered by Hana’s traffickers and the mounting indebtedness that it created as the abusive tactics used by the traffickers to ensure Hana’s captivity, not a grounds of inadmissibility. Given the increased scrutiny over these types of cases, particularly in any one that mentions drugs, this was by no means a certain argument. However, the O’Melveny team had prepared such a strong application that so amply documented the operations of the trafficking ring that Hana’s application was approved without any push-back from USCIS. This was a significant victory, and Hana, now drug free and working full time, has reclaimed her life.

OVERCOMING T-VISA APPLICATION CHALLENGES

When USCIS challenged Min-ji’s initial visa application on the grounds that she “merely” faced domestic violence, as opposed to labor trafficking, Carolyn and Lori brought Min-ji to the US Attorney’s Office to advocate on her behalf and help them understand the nature of the trafficking. During the interview, Carolyn, who speaks Korean, noticed that the interpreter was improperly translating Min-ji’s testimony and was instead using language that blamed her. Uncomfortable with the judgmental tenor of the translation, Carolyn immediately requested the interview be terminated. After counseling Min-ji regarding the problems with the interpreter, a second interview was conducted.

With proper translation, the US Attorney’s Office understood that despite the initial romantic relationship between Min-ji and her trafficker, the relationship had turned exploitative and Min-ji had in fact been labor trafficked by her partner. The Department of Justice ultimately supported Min-ji’s T-Visa application. This resulted not only in USCIS approving Min-ji’s application, but it also represented a pivotal moment in educating law enforcement and USCIS about the interplay between labor trafficking and domestic violence.

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Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor this team’s outstanding pro bono work. You can buy tickets here. 

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Freshfields Team Fights for Survivor of Labor Trafficking and her Family

Carolin Guentert

At this year’s Above & Beyond Awards, we’re honoring a team of attorneys from Freshfields Bruckhaus Deringer for their dedicated advocacy on behalf of “Anna,” a labor trafficking survivor from Guatemala. Read to learn more.

Carolin Guentert is a clinical teaching fellow in the Domestic Violence Clinic at Georgetown University Law Center. She is also a member of Sanctuary’s Pro Bono Council.

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At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Freshfields Bruckhaus Deringer for their dedicated advocacy on behalf of “Anna,” a labor trafficking survivor from Guatemala. Anna endured significant abuse at the hands of her trafficker: he held Anna captive in his home for nearly a year, raped her repeatedly, and forced her to turn her wages over to him. She finally escaped with the help of a restaurant co-worker, “Miguel,” whom she later married.

The Freshfields team included counsel Anahita Thoms (formerly of), senior associates Lupe López and Mia White (formerly of), associates Kathy Ibarra and Christopher Stucko (formerly of),and paralegal Whitney Hoyos (formerly of). The team represented Anna and Miguel in their applications to obtain T-visas.  After they were approved for T-visa status, the trafficker found and confronted Anna and her husband. The Freshfields team remained dedicated to keeping Anna and Miguel safe and helped ensure a conviction against the trafficker.

Trafficked

Anna was a single mother in Guatemala and struggling economically. When a man from her village offered her a job in a restaurant in the United States, Anna agreed to move to support her family. Unfortunately the man turned out to be a trafficker, who subjected Anna to extreme abuse.

After Anna’s grueling 40-day journey to the United States, her trafficker immediately took her captive. He locked her in his house for almost a year, forcing her to do cooking and housework for him with no pay. He repeatedly raped Anna and monitored her every move.

Anna’s trafficker told her that she owed him money for the cost of being brought to the United States, and that she could pay off her debt by working in a restaurant. She had to turn over all of her wages to him and was charged significant interest.

Escape and T-Visa Application

After nearly a year of living in fear and isolation, Anna confided in her co-worker, Miguel, who was a cook at the restaurant. Miguel ended up helping Anna escape, and let her stay in his home. After surviving this experience, Anna and Miguel eventually fell in love and had a baby together. They got married at a ceremony held in Sanctuary’s office, officiated by Sanctuary’s Executive Director Judge Judy Harris Kluger.

Lori Cohen, Director of Sanctuary’s Anti-Trafficking Initiative, referred Anna’s case to Freshfields, who quickly put together applications for T-visa status for Anna and Miguel. With the dedicated help from the Freshfields team, Anna and Miguel were approved for T-visa status in 2017.

Freshfields was also able to obtain T-visa status for Anna’s children, and is currently working to bring the children to the United States. Kathy Ibarra, an associate on the Freshfields team, recalls,

“Anna’s case was my first pro bono matter when I joined Freshfields, and it’s been great representing her ever since and forming a relationship with her.”

Confronted by Her Abuser

While Anna’s application for T-visa status was still pending, her trafficker found her and began harassing her and Miguel. But whenever Anna and Miguel tried to get help from law enforcement, they were met with resistance, likely because law enforcement was unfamiliar with labor trafficking.

The Freshfields team helped Anna and Miguel file complaints against Anna’s trafficker, accompanied them to multiple hearings, and advocated to the judge and prosecutor. The trafficker was eventually convicted of harassment, which, Kathy recalls, “empowered the client. It was important to her to be in court, to see that justice was brought against her trafficker.” Says Lori Cohen,

“Freshfields did a great deal to educate the judge and the prosecutor on the issue of labor trafficking, and created a safety net for this client.”

Reflecting on her experience, Kathy explained,

“Both Lupe and I are children of immigrants. It’s been so important to us to help other immigrants navigate the legal system, especially in light of the current immigration crisis in this country.”

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Join us at our Above & Beyond celebration on November 13, 2018, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Freshfields’ outstanding pro bono work.  You can buy tickets here. 

If you can’t join us, but would like to support Sanctuary for Families’ work, please consider making an Above & Beyond donation here.